Who Should Order This Homestudy

Attorneys and business executives involved with patent transactions and patent litigation

Why You Should Order

Asserting or defending against a patent infringement liability case is easy. Dealing with the patent damages case, plaintiff side or defense, is hard. The last five years have seen remarkable changes in the law and practice of damages standards. Damage verdicts, and claims and awards in patent cases can, and occasionally, do reach levels in the hundreds of millions or billions of dollars. These results can prompt unreasonable expectations by plaintiffs and create understandable apprehension in the eyes of defense-side General Counsels. The uncertainty of damages calculations, the rise of NPE litigation and the lack of consistency between cases, is the source of considerable concern to policymakers and the courts who have reacted with proposed changes in law, changes in procedures and more careful scrutiny of damages theories. These developments have complicated the task of litigators in presenting their damage cases.

This comprehensive conference is designed for the sophisticated patent trial lawyer and business executive, and will enhance everyone's understanding of the state of the art in basis for patent damages analysis. Leading judges, attorneys and damages experts will describe the current standards for calculating damages.

Lunch (on your own)

1:00 pm

The Entire Market Value Rule

Recent trends in the evolution of the rule and the way courts are applying it for convoyed sales, derivative sales, and sales of a single complex device (incorporating a patented feature together with unpatented features)

Strategic and tactical implications for the party offering the witness, and the party challenging the testimony; issues involving the way the expert goes about developing the opinion

Paul Alexander, Esq.
Arnold & Porter LLP / Palo Alto, CA

10:30 am

Break

10:45 am

Splitting Profits Between Patent Owners and Manufacturers

Pros and cons of various economic approaches and how the courts are treating them: Determining the incremental benefit from incorporating a patented feature; the appropriate role for the Nash Bargaining Solution

Bryan K. Anderson, Esq.
Sidley Austin LLP / Palo Alto, CA

William C. Rooklidge, Esq.
Jones Day / Irvine, CA

12:15 pm

Lunch (on your own)

1:30 pm

Apportionment When There are Several Blocking Patents

What to do when many patents are part of the product and all are essential

Evaluations and Adjourn

Cost

Regular tuition for this program is $1245 with a group rate of $935 each for two or more registrants from the same firm. For government employees, we offer a special rate of $830. For students and people in their job for less than a year, our rate is $622.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13.5 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

David Blackburn, Ph.D., Vice President at NERA Economic Consulting, is experienced in intellectual property, antitrust and competition policy, and econometric analysis.

Christopher V. Carani , partner at McAndrews, Held & Malloy Ltd., a leading practitioner in the field of Design IP Law, is experienced in litigating and securing design rights and represents some of the world's most design centric companies. He is past chair of ABA's and AIPLA's Design Law Committees.

Daralyn J. Durie, co-founder, Durie Tangri, serves as lead counsel in high-stakes patent cases for companies and also represents defendants in nationwide and international class actions.

Ron Epstein, CEO at Epicenter IP Group LLC, is experienced in developing, optimizing, and transacting intellectual property asset portfolios. He is recognized as a global leader in helping patent owners maximize the value of their IP.

The Hon. Paul Singh Grewal, Special Address, is Magistrate Judge at the United States District Court, Northern District of California and has presided over and settled criminal and civil cases in a wide range of subject areas, including patent, employment, civil rights, commercial contract, trademark, and federal misdemeanor cases.

Annette L. Hurst, partner and member of the Intellectual Property Group at Orrick, Herrington & Sutcliffe LLP, is an experienced trial lawyer who has tried patent, copyright, trade secret, trademark and business tort claims. She was named "Female Litigator of the Year West" in 2013 by Benchmark Litigation.

Mario A. Lopez, Ph.D., partner at Edgeworth Economics, L.L.C., is an expert in the application of rigorous economic methods to complex legal disputes and regulatory matters and in the economic valuations of patents and other forms of intellectual property.

Douglas E. Lumish, partner at Latham & Watkins LLP, is a patent litigator who has served as lead trial counsel on numerous matters for the country's leading technology companies.

Matthew R. Lynde, Ph.D., Vice President at Cornerstone Research, is experienced as an economist in government, academic, and commercial environments. Previously, he was a professor at City College of New York and a partner at PricewaterhouseCoopers.

Edward G. Poplawski, partner, is head of Wilson Sonsini Goodrich & Rosati's patent litigation practice and focuses on patent litigation, including jury trials and proceedings before the International Trade Commission.

Mohan Rao, Ph.D., Managing Director and Principal with Navigant Economics, is an Adjunct Professor in the Department of Industrial Engineering and Management Sciences at the McCormick School of Engineering and Applied Science at Northwestern University.

J. Gregory Sidak, Criterion Economics LLC, is an expert on antitrust, regulation, intellectual property, damages, and commercial litigation. He is also the founding editor of the Journal of Competition Law & Economics for the Oxford University Press.

Vernon M. Winters, Moderator, partner at Sidley Austin LLP, is known for finding ways to win hard patent cases. He has worked with a number of the country's leading high-technology and biopharmaceutical companies. He has been involved in high-stakes jury, bench, and arbitration trials.